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Valuation of imported Set top boxes under Section 4 of the Central Excise Act 1944

Central Excise - 1020/8/2016 - Dated:- 11-3-2016 - Circular No. 1020/8/2016-CX F.NO. 6/5/2015 - CX.I Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs New Delhi, dated the 11th March, 2016 Principal Chief Commissioner of Central Excise/ Service Tax (All), Chief Commissioners of Central Excise/ Service Tax (All), Principal Commissioner of Central Excise/ Service Tax (All). Subject:-reg. Madam/ Sir, Reference has been received in Board regarding asse .....

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missioner of Customs (Import), Nhava Sheva reported as [2016 (331) E.L.T. 138 (Tri.-Mumbai)] or [2015-TIOL-1863-CESTAT-MUM], wherein it has been held that one of the conditions to be met for CVD to be levied on Retail Sale Price is that under the Legal Metrology Act, there should be requirement to declare on the package, the retail sale price (RSP) of the goods. Hon’ble Tribunal in this case in paragraph 7 has inter alia held that- "............. (k) "“retail package”&qu .....

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d to the consumer and the price shall be printed on the package in the manner given below ; ……………............. The retail sale price is defined above as the maximum price at which retail package may be sold. And retail package means packages which are intended for retail sale to the ultimate consumer. In other words the retail price will be required to be declared on the package only if it is intended for retail sale…………............. It is seen from t .....

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